Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1887-07-09
THE CHIEF JUSTICE.
He VIII Not Be Appointed Until the Meet
ing Of Congress.


WASHINGTON, D. c., July s.-Wboever
is appointed to the vacancy on the United
States Supreme Bench, it is understood
that he will not be named until Congress
meets next December.
The Court reassembles in October next,
but such a thing as an Associate Justice
taking his place on the bench before he is
confirmed by the Senate is contrary TO the
course which the members Of the Court
have followed since the foundation of the
Government. 1t is true that but one
nominee for Justice has ever been rejected; !;
that WIS E. lockwood Hoar, while three
nominees for Chief Justice-Rutledge un-
der Washington, and Williams aud Cush-
ing under Grant-were practically reject
ed. In the event that the nominee had at
one time been q Senator, it would be no
assurance of favorable consideration by the
Senate.
The traditions of the Senate on this
point may be briefly stated. A member
OF that body appointed by the President
out reference to committee and without
debate. 1t is held that any one fit to be
Senator is qualified to fill any office in the
gift Of the President, but once separated
from the body an ex-senator has no
greater dignity in the eye of the Senate
than any other person nominated for
Office. He might even be member of the
Cabinet and an ex-senator, but that would
have no weight. Mr.. Williams was at
the time he was nominated for Chief JUS
tice member of President Grants Cabi-
net, and had been Senator from Oregon.
Nor does it follow because the nominee
may once have been member of Inc Su-
preme Court that he will be certain of con-
iirmation. John Rutledge had been an
Associate Justice, resigned and was nomi-
mated for Chief Justice, but was rejected.
Again the nominee may have filled high
position in the diplomatic service and yet
not be regarded as proper person to be on
the bench. Mr.. Gushing had been Minis
ter to China and had rendered the Govern
ment invaluable service as one of the cOuu-
sci at Geneva in the settlement of the Ala
bama claims. That had much weight with
the United States Senate, though not long
after his rejection as Chief Justice he was
unanimously confirmed as Minister to
Spain.
Mr.. HOar encountered personal opposi-
tion in the Senate growing out of differ
ences of opinion which were provoked
while he was Attorney General in Grants
Cabinet.
The practice has been when vacancy
occurred on the bench during a recess Of
the Senate for the President TO wait until
Congress met and then fill the vacancy.
With few exceptions the result has been
that the nominee was of such high char
acter and so eminently fitted for the posi-
ton that he has been confirmed without
delay. That, however, was when the Pres
ident and Senate were of the same political
party. President Cleveland, it is under
stood, will not depart from the long estah-
lished custom, nor will the person nOmi~
mated think of taking the Office until the
Senate has approved his selection. Other
wise the nominee might find himself with
a useless silk gown on hand. Ifperchance
necessity should compel the cOnvening of
Congress in extra session in October of
course the President will he prepared to
send in the name 10 the Senate, as the buss
ineSs of the Court demands full bench.
In the meantime Mr. Lamar viii, con-
tinue as Secretary of the Interior, and un-
IL there is prospective vacancy i'll that
Office, speculation az to who will be the
new Secretary it wOuld seem is somewhat
premature